Legal Opinion

Dixie Electric Membership Corporation v. City of Baton Rouge

Court of Appeals for the Fifth Circuit

Decided March 29, 1971No. 29423PublishedCited by 9 opinions

1Opinion of the Court

COLEMAN, Circuit Judge:

This appeal presents solely the issue of whether a Louisiana public utility which has been granted a franchise by parish authorities to areas outside incorporated municipalities has a Constitutional right to expand its service in territory later annexed by a city. The United States District Court held in the negative and we affirm.

Under the provisions of Louisiana Revised Statutes 33:4361(1) Police Juries [the governing authority of the respective parishes] are authorized to grant franchises over the public places, roads, streets, and alleys of a parish not within the…

2Cases cited6 opinions

  1. Russell v. SebastianSupreme Court of the United States · 1914
  2. Town of Coushatta v. Valley Electric Member. Corp.Louisiana Court of Appeal · 1962
  3. City of Thibodaux v. Louisiana Power & Light Co.Louisiana Court of Appeal · 1960
  4. Calcasieu Sanitation Service, Inc. v. City of Lake CharlesLouisiana Court of Appeal · 1960
  5. City of Thibodaux v. Louisiana Power & Light CompanyCourt of Appeals for the Fifth Circuit · 1967

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Dairyland Greyhound Park, Inc. v. DoyleWisconsin Supreme Court · 2006
  2. Tri-County Electric Ass'n v. City of GilletteWyoming Supreme Court · 1978
  3. Town of Kinder v. Beauregard Electric Cooperative, Inc.Louisiana Court of Appeal · 1976
  4. Consolidated Television Cable Service, Incorporated v. City of Frankfort, KentuckyCourt of Appeals for the Sixth Circuit · 1972
  5. Valley Elec. Membership Corp. v. Southwestern Elec. Power Co.Louisiana Court of Appeal · 1989

4 more not listed; retrieve them via the Exa API.

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